Mike Huckabee Sued Over 'Eye of the Tiger' Use at Kim Davis Rally

Republican presidential hopeful Mike Huckabee has been sued by a member of the band “Survivor” for allegedly violating the copyright of the 1982 hit “Eye of the Tiger” when he played the song during a September rally in Kentucky to support Kim Davis, a county clerk who refused to issue gay marriage licenses.

Chicago native and “Survivor” guitarist Frank M. Sullivan III filed the suit in a Chicago federal court on Wednesday stating he is the co-author of the song and his suburban Chicago company, Rude Music, Inc., holds the copyright - according to the Associated Press and other reports. Sullivan seeks unspecified damages and requests Huckabee’s campaign be ordered to stop using the song.

The song “Eye of the Tiger” - best known as the theme of Rocky III - played as Davis, who had been in jail over Labor Day weekend for contempt of court after refusing to issue the gay marriage licenses, left jail on September 8 with Huckabee.

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The suit claims Huckabee did not seek permission from Sullivan prior to using the song at the rally.

Sullivan admitted to Rolling Stone in September he was upset by the situation, noting that in 2012 he sued then-Republican presidential candidate Newt Gingrich for playing the same song.

“I do not like mixing rock and roll with politics; they do not go hand in hand,” Sullivan told the magazine. “What upset me most [about Huckabee’s use] was that, once again, my song was being used to further a political agenda – and no one even bothered to ask for permission.”

The guitarist also made it clear he was bothered with how the song was used at the Huckabee-Davis rally as an anthem championing the law-breaking clerk. Sullivan supports gay marriage.

“I do not agree with Kim Davis’ stance and do not believe in denying gay rights and the freedom for all individuals to choose the lifestyle they want to live,”he said. “Our Constitution, and the words of our Founding Fathers, stand tall for freedom, which is what America is all about. I find it ridiculous in this day and age that this fight against gay marriage has gone on, even after the Supreme Court’s ruling.”